There is no general rule in Turkish law saying that nobody may be named in a news report. On the contrary, Article 3 of Press Law No. 5187 declares the press free and states that this freedom “includes the rights to acquire and disseminate information, to criticise, to comment and to create works”. Naming a person is in principle within that freedom. But there are limits at three levels: absolute identity bans, the presumption of innocence and personality rights.
First level: the absolute identity bans
Article 21 of Law No. 5187 lists the persons whose identity may not be disclosed, and whose recognition may not be enabled, in periodical publications. This is not an area of discretion but a direct prohibition.
| Sub-para. | Who | Scope |
|---|---|---|
| a | In news concerning sexual relations between persons prohibited from marrying under Civil Code No. 4721, those persons | The parties |
| b | Victims in news concerning offences against sexual inviolability | The victim only |
| c | Offenders or victims of an offence who are under eighteen | Both offender and victim |
The prohibition is not limited to writing a name: the Law speaks of publishing “in a manner that discloses their identity or leads to their recognition”. Initials, a neighbourhood, a workplace, a family relationship or an unblurred photograph all fall within it if they lead to recognition.
Second level: the presumption of innocence
Even where naming is permitted, presenting the person as guilty is not. Article 285/5 of Criminal Code No. 5237: “Where images of persons are published during the investigation and prosecution stages in a manner leading to their being perceived as guilty, a sentence of imprisonment from six months to two years shall be imposed.”
The sixth paragraph strikes the balance: “Making the investigation and prosecution proceedings the subject of news without exceeding the limits of reporting shall not constitute an offence.” News may be reported; a person may not be declared guilty.
Third level: personality rights
A report that stays within the criminal limits can still give rise to civil liability. Article 24/2 of Civil Code No. 4721: “Unless justified by the consent of the person whose personality right is injured, by a superior private or public interest or by the exercise of a power conferred by law, every attack on personality rights is unlawful.”
The ground journalism relies on is normally public interest. The decision to publish a name should therefore be taken by asking what the name adds for the public. Where there is no public interest, the name does not increase the informational value of the story; it only increases the risk.
A decision tree
| Question | If the answer is yes |
|---|---|
| Is the person under eighteen (offender or victim)? | The name cannot be published (Art. 21(c)) |
| Is the person the victim of a sexual offence? | The name cannot be published (Art. 21(b)) |
| Does the report present the person as guilty? | The language must be fixed (Art. 285/5) |
| Is there a concrete public interest in publishing the name? | The name may be published; if not, withholding it is safer (Art. 24 Civil Code) |
| Is the person a public figure? | The margin for criticism and reporting is wider, but the identity bans still apply |
Sanctions
A breach of Article 21 of Law No. 5187 attracts a judicial fine. The amounts in the text of the Law are expressed in pre-2005 Turkish lira; under Article 5 of Law No. 5252 “heavy fines” were converted into judicial fines, and for judicial fines requiring application between a lower and an upper limit the lower limit is applied as TRY 2,500 and the upper as TRY 500,000. Those figures have themselves changed over time; verify the current position.
The child dimension is covered in the child guide, the victim dimension in the victim guide, and the presumption of innocence in the arrest guide.